Patna High Court
Madhav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that bail should be granted subject to the payment of the remaining amount and furnishing of a bail bond as per Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Madhav Kumar, a Deputy Branch Manager of a bank, was implicated in a defalcation case amounting to Rs. 97,590 alleged under Sections 319(2), 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, stating that he had already deposited Rs. 47,517 of the alleged shortfall and only Rs. 6,493 remained, which he was ready to pay. The petitioner sought bail, citing that three co‑accused had already been granted anticipatory bail and that his salary of Rs. 61,500 had been withheld, making payment difficult. The State opposed bail but acknowledged the partial deposit. The Court, applying Section 2(1)(d) and Section 482(2) of the B.N.S.S., granted bail on the condition that the petitioner deposit the remaining Rs. 6,493 and furnish a bail bond of Rs. 30,000, to be verified by the trial court. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita in view of the pending defalcation charges.
- Whether the partial restitution of the alleged loss and the non‑payment of salary justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 316(2), 318(4), 319(2), 3(5), 482(2)
Subjects
- bail
- anticipatory bail
- defalcation
- financial fraud
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 2(1)(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42053 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Madhav Kumar S/o Surya Narayan Yadav Resident of Village- Dhailarh, Tola
Inarwa, P.S.- Chausa, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Adv.
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Narpatganj P.S. Case No. 363 of 2025 lodged on
08.10.2025, for the offence punishable under Sections 319(2),
318(4), 316(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioner. It
has been alleged by the informant that all the accused persons
have defalcated a total amount of Rs. 97,590/- (Rupees Ninety
Seven Thousand Five Hundred Ninety) of Adi Chitragupta
Finance Ltd.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and he has
no criminal antecedent. Counsel submits that the petitioner was
Patna High Court CR. MISC. No.42053 of 2026(2) dt.01-07-2026
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working as Deputy Branch Manager, Narpatganj Branch,
District- Araria, having Employee ID:- PAC000468. Counsel
submits that the allegation of defalcation of money against the
petitioner and other accused persons has come by virtue of
internal audit report. He submits that the deficiency of Rs.
54,010/- (Rupees Fifty Four Thousand Ten) has been found
against the petitioner during audit. Counsel submits that as soon
as the audit report came, the petitioner has deposited Rs.
47,517/- (Rupees Fourty Seven Thousand Five Hundred
Seventeen) in cash in the branch itself and only Rs. 6,493/-
(Rupees Six Thousand Four Hundred Ninety Three) is due.
Counsel submits that the petitioner is ready to deposit the said
due amount and in addition to that, he also submits that since
last two months, the petitioner has not received his salary which
comes at the tune of Rs. 61,500/- (Rupees Sixty One Thousand
Five Hundred) and therefore, the said amount may be deducted
from his salary. He further submits that three co-accused
persons have already been granted anticipatory bail by the Co-
ordinate Bench of this Court vide order dated 27.04.2026 passed
in Cr. Misc. No. 26715 of 2026 (annexed as Annexure-P/2).
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that out of total
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defalcation amount against the petitioner, he has already
deposited Rs. 47,517/- and only Rs. 6,493/- is due.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the Trial Court within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the B.N.S.S., 2023 to the satisfaction of C.J.M., Araria, in
connection with Narpatganj P.S. Case No. 363 of 2025, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023
with further condition that:-
(i) the petitioner shall deposit Rs. 6,493/- (Rupees Six
Thousand Four Hundred Ninety Three only) in the name of Adi
Chitragupta Finance Ltd., Narpatganj Branch and he shall
produce the proof of the same with his bail bond before the trial
court and then the trial court upon being satisfied that the said
amount has been paid/deposited, shall accept the bail bond of
the petitioner.
(Dr. Anshuman, J)
Divyansh/-
U T
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